UPND vice president Geoffrey Bwalya Mwamba has been granted an order to issue a notice to commence judicial review over Speaker of the National Assembly Dr. Patrick Matibini’s decision to declare Kasama Central parliamentary seat vacant.
Lusaka High Court Court Judge Florence Lengalenga granted the order on Friday. Mr. Mwamba who is represented by Mesdames Mushipe and Associates, is seeking a judicial review to challenge Dr Matibini’s decision to declare his seat vacant.
He has argued that his application should be allowed and be granted leave to issue a notice for judicial review because he had other matters pending before court as regards to his membership in the PF.
Mr. Mwamba submitted that the Speaker should have ruled on ruled the status of his parliamentary seat only after the hearing of and determination of his matters in the High Court regarding his membership of the PF. On July 28 this year, Dr Matibini declared Kasama Central vacant following Mr. Mwamba’s appointment as vice president for administration in the opposition UPND. Dr Matibini said Mr. Mwamba, who was elected on a Patriotic Front (PF) ticket in 2011, was not in order to remain in parliament. when he had joined another political party and subsequently appointed its vice president.
He quoted Article 71 (2)(c) of the constitution and said a member of the National Parliament shall vacate his seat in the Assembly if she/he becomes a member of a political party other than the party of which he was an authorised candidate when he was elected to the National Assembly.
“I now declare the Kasama Central parliamentary seat vacant and Honourable Mwamba loses his seat forthwith because he crossover to another political party,” the Speaker said.